Climate adaptation, vulnerability and rights-based litigation
Broadening the scope of climate litigation using political ecology
Bibliographic Data
| ID | 12937005 |
|---|---|
| Authors | Birsha Ohdedar (0000-0002-7040-0697, Universidad de Londres, corresponding author) |
| Year | 2022 |
| Volume | 13 |
| Issue | 1 |
| Publication date | 2022-03-01 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Journal of Human Rights and the Environment (JOURNAL) |
| Journal identifiers | ISSN: 1759-7188 • E-ISSN: 1759-7196 |
| Publisher | Edward Elgar Publishing (PUBLISHER • GB) |
| DOI | 10.4337/jhre.2022.01.06 |
| OpenAlex | W4281726671 |
| Language | EN |
| Citations received | 5 |
| References cited | 22 |
his article examines the nexus between climate vulnerability, rights and litigation with a focus on the Global South. Reducing vulnerability is inherent to climate adaptation and the protection and realization of human rights. However, despite these linkages, vulnerability has been given scant attention in climate law literature. Through a more detailed understanding of vulnerability, we can identify a wider variety of cases that are relevant to why people are climate vulnerable and the potential for strategic interventions. Accordingly, using an interdisciplinary framework drawing upon political ecology, the article outlines two broad approaches to vulnerability: the hazards approach, based upon protecting people from the physical impacts of climate change; and the social vulnerability approach, which foregrounds the socio-political factors that underpin why particular groups of people are more vulnerable than others. India is then used as a case study to illustrate three types of litigation relevant from a vulnerability perspective: litigation on droughts, land conflicts and agrarian debt. These cases, though not traditionally defined as ‘climate litigation’, fundamentally concern issues of climate vulnerability, adaptation and rights. The cases demonstrate how different framings of climate vulnerability are embedded within the arguments and directions of the courts. Ultimately, the article argues that through a closer understanding of climate vulnerability, litigation can be a vehicle for adaptation by identifying and tackling the structural causes of vulnerability and rights issues
Climate change · Climate justice · Computer security · Economics · Environmental ethics · Environmental planning · Environmental resource management · Geography · Human rights · Nexus (standard · Political ecology · Political economy of climate change · Political science · Politics · Psychological resilience · Vulnerability (computing · Vulnerability assessment · Climate Change, Adaptation, Migration · Engineering · Environmental law and policy · Human Rights and Development · Law · Psychology · Social Psychology · Ecology
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Law, Colonial-Capitalist Floods, and the Production of Injustices in Eastern India
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Climate change, relational vulnerability and human security
Depoliticized Environments
Procedural (in)justice in the implementation of solar energy
Are there social limits to adaptation to climate change?
The Political Ecology of Climate Change Adaptation
Climate Change Litigation in the Global South
Climate change litigation
Climate Change Litigation
Distributional justice in solar energy implementation in India
Liquid Debts
Spatial justice and the land politics of renewables
Between deficit rains and surplus populations
Suicides and the making of India's agrarian distress
Vulnerability before adaptation
Legal and Policy Pathways of Climate Change Adaptation
Climate change adaptation and precarity across the rural-urban divide in Cambodia
Global Capitalism, Deflation and Agrarian Crisis in Developing Countries
Breaking the backbone of farmers
The international political economy of the global land rush
The land question
| Unique citing works | 5 |
|---|---|
| Citations per year | 2,5 |
| Citation span | 2024 - 2025 (2) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 5 |